Concurrent I-485s

[Hopeful0820]

I have asked this question before. But I am asking it again since I am facing a very difficult decision.

I am living and working in California. I filed an NIW (self-petitioned I-140) based I-485 with TSC (where my I-140 was approved) in June 2001. So far I have not received the FP notice yet. I really regret filing with TSC instead of CSC but the application has been pending with TSC for one year now. I also have an employer sponsored EB2 I-140 approved in January 2002. I have not done anything based on that I-140 yet. Now my patience is running thin, due to the extremely random and slow processing at TSC. I do not know if TSC has skipped the middle 2001 filers or not. Anyway, I want to do something. CSC is still much faster and more important, much more consistent. My attorney told me it was OK to file another I-485 based on a different I-140. However, most other attorneys say it is not a good idea since it may incur interviews etc. and further delay the process. Has anybody actually had similar experience doing concurrent I-485s before?

Thanks for any input. I am thinking of this every day and cannot sleep well.

 

[p5nxp600_2]

I would go with only one ...

I say this not as someone with experience but just trying to think from an INS officers perspective. If you have two I-485 filed employment based then it means you truly don\'t intend to work for either job. You are just banking on one or the other to come through first. Nothing wrong with it in a normal situation but as an Greencard applicant we are held to different rules from the norm.

If you decide to go with the one in California then I would withdraw my application from the one filed at TSC. Its a tough decision and I wish you the best of luck whichever way you go.

 

[Hopeful0820]

No Title

It is a tough decision. In terms of potential intent working for which employer, I do not think I have problem though. My pending I-485 is based on self petitioned National Interest Waiver, i.e., no specific employer involved. As long as I am working in similiar field, which I do, I am OK to work for any employers.